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Patna High Court

SUNIL SINGHversusSTATE OF BIHAR

Decided
Disposal
ABATED

Holding

The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.

Summary

The appellant Sunil Singh filed a criminal appeal, but during the pendency of the appeal the appellant died, as evidenced by a death certificate annexed to the police report. The High Court examined the report and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of without further hearing. The trial court record was ordered to be sent back to the lower court for any other necessary action.

Issues considered

  • Whether a criminal appeal can continue after the death of the appellant when no near relative files an application for leave to continue?

Legislation cited

Subjects

  • criminal appeal
  • abatement
  • death of appellant
  • Section 394 CrPC
  • procedural law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (DB) No.656 of 2009
                 ======================================================
                 Sunil Singh, Son Of Late- Jagdish Singh, Resident Of Village- Piyaniya, P.S.-
                 Udwant Nagar, District- Bhojpur, Ara.

                                                                            ... ... Appellant/s
                                                    Versus
                 The State Of Bihar

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Rajiva Ranjan, Advocate
                 For the Respondent/s   :      Mr.D.K.Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                         and
                         HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

                 (Per: HONOURABLE THE CHIEF JUSTICE)

3   06-05-2026                     Perused the Letter No. 845 dated 28.04.2026 of the

                   Superintendent of Police, Bhojpur, Arrah along with the report

                   dated 26.04.2026 of the S.H.O., Udwant Nagar P.S., wherein it

                   is indicated that during enquiry it came to light that the sole

                   appellant, namely, Sunil Singh, is dead and the death certificate

                   of the appellant is annexed with the said report.

                               2. In view of the said report as also section 394 of the

                   Code of Criminal Procedure, 1973, which corresponds to

                   section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,

                   since no near relative has filed any application for leave to

                   continue the appeal, the Criminal Appeal stands abated and

                   disposed of.

                               3. Let the trial court record be sent back to the
            Patna High Court CR. APP (DB) No.656 of 2009(3) dt.06-05-2026
                                                        2/2




                      concerned court immediately, if not required in any other cases.



                                           (Sangam Kumar Sahoo, CJ)


                                                  ( Harish Kumar, J)
guddukr/-

U      T


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